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Originally Posted by HarborSide CHBay
AQUATHERMS have become a problem on Center Harbor Bay for the past two years, and this year again. The largest docks and the Mt. Washington are actually the "best managed" and you can literally drive vehicles right around them.
However, a couple of condominiums on Lake Shore Drive have continued a practice {even after notice and request} to run 1-2 acquatherms, without thermostat controls, without timers, 24/7. This has caused the lakeshore to be open water, sometimes hundreds of feet out into the lake, and along the entire length of Lake Shore Drive. With the snow, the apparent danger of the thin or no ice underneath is a real concern; along with others.
PROPERTY RIGHTS - Abutters have rights to the lake, riparian rights I believe is the term. It applies in the summer and winter. Current state law says that acquatherms cannot preclude ice from forming to the shore precluding public access. The NH Dept. of Safety, over a year ago, ruled that our property is not public access and therefore the statute doesn't apply. I found this odd in that the State maintains that it is the owner up to the high water mark on many other issues. Apparently, our options are (1) a writ of mandamus to compel NH Dept. of Safety to enforce the law, as interpreted by a Judge, or (2) file a civil matter and injuntion for our riparian rights.
PROPERTY DAMAGE, ABUTTER DOCKS - When an abutter runs the acquatherms as described, the side current goes along the beach and out midway to the piers of abutters docks. During heavy freezing, a sheet or 1-2 pressure lift formed in a couple days and "rolled our dock" and similarly pushed the piers of the second abutter over. We actually watched and heard our dock rolling; we had to turn on an inside acquather to break it up but we still have a $4,000+ estimate to replace those piers and dock sections. I do not know what the damage cost is to the 2nd abutter.
PROPERTY DAMAGE, WATER QUALITY- Aquatherms, propertly used and per guidelines from manufacturers and other lake associations, need to only keep the ice and water open at the end of the docking system. This (1) keeps the building ice pressure at bay, (2) allows the ice to freeze to the shore and keep the sunlight off the beach for water quality purposes, and (3) allows that ice to the shore to be there in the Spring to "protect" the docks from early ice formations broken off from heading to the open water side of the bay.
WATER QUALITY, GEESE - Needless to say, non-migratory geese are a problem everywhere. With open water a quarter of a mile along Lake Shore Drive and guess where the geese show up in groups of up to 80-100; winter, spring especially? At 1.25-1.50 pounds of fecal geese matter per day, that is one toxic hit to the water quality.
SAFETY - The second home owners, renters, recreational users have no way of knowing such a danger exists. The NH Dept. of Safety is unconcerned and will not take action, regardless of emails, on-site visits, etc. The attending officer even noted in her report that our property had two acquatherms (although she failed to note they were not plugged in, and when so, were on small periods of time also on a thermostat; and are barely used as I could dock my Formula 280SS in February with the open water pictures I've maintained).
QUESTION - AM I ALONE ON THIS ISSUE?
I do not have simple answers when "people don't care." It gets complicated when the NH Dept. of Safety doesn't either. I have the resources to go to court, and I have numerouse other abutters who will sign on, BUT DOES ANYONE HAD ANOTHER IDEA OR EXPERIENCE THAT I CAN LEARN FROM?
Thank you.
Stephen E. Grzelak
38 Lakeshore Drive
Moultonborough, NH 03254
Day Business 524-6734
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I posted the above a time ago at the beginning of these issues in the Center Harbor Bay area. Since then, we've had discussions with the neighbor that runs the acquatherms 24/7 (generally nice BOD, but made the decision to continue 24/7 regardless of the safety issues raised); and noticed that another neighbor has added this winter a 2nd bubbler that is on a timer (but is really on too long, doesn't appear to have a thermostat, and again appears overpowered).
So, I thought it time to revisit the issue, and I started the 'google searches to see what was happening around the country. The 2012-2014 issues noted are astounding. So much so, that I will outline some below and provide links or quotes.
The one motivating issue to "follow up" on this on Lake Winnipesaukee is the daunting potential from one law enforcement official (that motivated all the towns in a certain lake area) that once could be charged with INVOLUNTARY MANSLAUGHTER reckless disregard for public safety that results in a death.
This really caught my eye.
For the record, I have two aquatherms and, as stated years ago, they are unplugged and I have never had to use them to deice our permanent dock as a result of the others along the bay who operate them improperly. The reason I say 'for the record is, that sooner or later, someone is going to die from the improper use of these devices and I DON'T WANT TO BE EVEN ACCUSED OF BEING ONE OF THE RESPONSIBLE PARTIES.
Additionally, inquiry of insurance carriers indicates that the property liability insurance would likely "not cover" civil liabilities from operation of the deicing devices (especially if "not properly operated"). That would make one really consider making the same inquiry of their insurance and also contracting with someone with the Skills, Knowledge and Experience on Lake Winnipesaukee operating such devices.
Finally, I believe that this is so important, that it should be addressed by the appropriate parties. For me, and our property, we will communicate with the following parties regarding clarification on the laws and regulations at the state and local level, law enforcement and safety hierarchy, and move towards state and local taking up the issue and updating state and local laws and regulations in regard to ice eaters / bubblers and related devices. The laws and regulations (noted by link below) appear very reasonable, IMO.
Governor Maggie Hassan
Safety Commissioner John J. Barthelmes
DES Commissioner Tom Burack
Board of Selectmen, Town of Moultonborough
Leonard J. Wetherbee, Police Chief, Town of Moultonborough
Here is the initiator, or spark, for the new laws and regulations that other states and localities are enacting in 2013 and 2014.
Quote:
Muskoka Region
OPP cautions owners of dock bubblers of possible...
Pamela Steel
MANSLAUGHTER: OPP Sgt. Larry Butterfield warns Lake of Bays Association members of the dangers involved in owning and operating a dock bubbler.
http://www.muskokaregion.com/news-st...sible-charges/
Huntsville Forester
By Pamela Steel
LAKE OF BAYS - OPP Sergeant Larry Butterfield told a shocked audience at January’s Lake of Bays Association meeting that people could be charged with manslaughter as a result of operating dock bubblers.
Butterfield is a member of the OPP's Central Region Snowmobile, ATV and Vessel Enforcement unit. He said if someone falls into a hole you have created on the ice, and dies, it could lead to charges of manslaughter. If the individual is injured, it could lead to a charge of assault.
Dock bubblers are installed to prevent damage from ice forming around the dock over the winter. Usually a compressor feeds air to a length of tube under or around the dock, circulating the water and preventing ice from forming.
The large number of bubblers on Lake of Bays and their impact on the safety of winter ice activities was also the subject of discussion at December’s municipal council meeting.
At that time Coun. Nancy Tapley called the situation “death waiting to happen.”
Liability issues were discussed at the council meeting and while there has yet to be a precedent set, it was recommended that owners of bubblers contact their insurance providers to discuss their coverage in the case of an accident.
Butterfield said that due diligence is required to make sure you haven’t created a dangerous situation.
An association member questioned whether placing a cautionary light in the bubbler’s location would be considered due diligence.
“What if the power goes out? What if the snow covers it?” the sergeant asked. “You can mark it as best you can, but in today’s society if somebody falls into a hole you create you’re going to be involved in civil litigation.”
And depending on the circumstances, criminal charges could be laid, according to Butterfield.
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Links:
1. Town of Jefferson, NJ - 2014 Regulation - Chapter 294 Ice Retardant Systems
http://ecode360.com/10283494
2. Video - Muskoka Original Issue
http://video.theloop.ca/watch/-/3006...1#.Utryl3Uo7X4